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OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION 2013-26
The Honorable Gus Blackwell December 19,2013
State Representative, District 61 2300 N. Lincoln Blvd., Room 305A Oklahoma City, Oklahoma 73105
Dear Representative Blackwell:
This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions:
1. Is a school district required under 70 O.S.2011, § 6-104 to accept a teacher's transfer of 60 days of unused sick leave accumulated during employment at another school district if the teacher resigned from the prior school district in November 2010 and began employment at the new school district in November 2011?
2. Is it permissible under 70 O.S.2011, § 6-104 for a locally negotiated leave policy to allow a school district's support personnel to carry over unused personal business leave from one school year to subsequent school years?
I.
INTRODUCTION
Your request focuses on the leave policies set forth in Section 6-104 of Title 70, which was originally adopted as part of the Oklahoma School Code of 1971.1 In its current form, Section 6-104 requires the boards of education for Oklahoma school districts to provide for sick leave, personal business leave and certain other forms of leave for teachers and support personnel. 70 O.S.2011, § 6-104. Section 6-104 also sets forth the minimum requirements for sick leave and personal business leave benefits for teachers and support personnel, but permits school districts to adopt leave plans with other terms and conditions or with benefits that exceed those set forth in the statute. Id; see also A.G. Opin. 83-51, at 90 ("The Oklahoma School Code reflects the Legislature's intent to set minimum employment benefits for local school teachers while allowing negotiations between teachers and local boards for benefits exceeding the statutory minimums."). With regard to the
1971 Okla. Sess. Laws ch. 281, § 6-104.
313 N.E. 21ST STREET • OKIAHOMA Cm', OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
\$ recycled paper

OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION 2013-26
The Honorable Gus Blackwell December 19,2013
State Representative, District 61 2300 N. Lincoln Blvd., Room 305A Oklahoma City, Oklahoma 73105
Dear Representative Blackwell:
This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions:
1. Is a school district required under 70 O.S.2011, § 6-104 to accept a teacher's transfer of 60 days of unused sick leave accumulated during employment at another school district if the teacher resigned from the prior school district in November 2010 and began employment at the new school district in November 2011?
2. Is it permissible under 70 O.S.2011, § 6-104 for a locally negotiated leave policy to allow a school district's support personnel to carry over unused personal business leave from one school year to subsequent school years?
I.
INTRODUCTION
Your request focuses on the leave policies set forth in Section 6-104 of Title 70, which was originally adopted as part of the Oklahoma School Code of 1971.1 In its current form, Section 6-104 requires the boards of education for Oklahoma school districts to provide for sick leave, personal business leave and certain other forms of leave for teachers and support personnel. 70 O.S.2011, § 6-104. Section 6-104 also sets forth the minimum requirements for sick leave and personal business leave benefits for teachers and support personnel, but permits school districts to adopt leave plans with other terms and conditions or with benefits that exceed those set forth in the statute. Id; see also A.G. Opin. 83-51, at 90 ("The Oklahoma School Code reflects the Legislature's intent to set minimum employment benefits for local school teachers while allowing negotiations between teachers and local boards for benefits exceeding the statutory minimums."). With regard to the
1971 Okla. Sess. Laws ch. 281, § 6-104.
313 N.E. 21ST STREET • OKIAHOMA Cm', OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
\$ recycled paper